Dissertation is devoted to the study of the structure of a contract for the sale of future real estate (first sale) and related elements, in particular, the future real estate object and special property rights. The subject of this study is the legal relationships that arise during the conclusion, performance, amendment, and termination of contracts for the sale of future real estate (first sale). The purpose of the study is to identify the specific features of the structure of a contract for the sale of future real estate (first sale), the content of such a contract, its legal nature, and the essential elements of the dynamics of contractual relations regarding the acquisition of real estate not yet constructed, and to formulate, on this basis, scientific conclusions and practical recommendations for improving current legislation in the field of transactions involving future real estate objects. This research was conducted using a combination of general scientific, philosophical, and specialized methods. In particular, the historical-legal method (examining the development of a legal phenomenon), the formal-legal method (systematic interpretation of the provisions of current legislation), and the logical-legal method (analysis, synthesis, induction, and deduction in distinguishing concepts, their characteristics, and regulatory features) were used; the systemic-structural method (conducting classifications, determining the place of special property rights within the system of subjective civil rights), the comparative-legal method (comparing special property rights and property rights), the dialectical method (examining legislative provisions and scholarly positions regarding the issues of safeguarding and protecting the rights of participants in the relationships under study), methods of generalization and forecasting (formulating conclusions and proposals for legislative changes). Based on the conducted research, theoretical conclusions and proposals for improving the provisions of current legislation have been formulated. The scientific work examines the specific features of drafting a purchase and sale agreement for a future real estate property. Outlines a set of such qualifying characteristics of a future real estate property: a) objectivity through project documentation for construction and registration of special property rights; b) investment potential – the prospect of acquiring the status of an independent immovable property (after the completed construction project is put into operation); c) permanent belonging to a divisible unfinished construction project; d) individualization through information from state registers and the terms of purchase and sale agreements; e) absence of a material form; f) limited marketability due to transfer from one person to another subject to registration of a special property right to such an object. In determining the status of a future real estate property within the system of civil rights objects, it is emphasized that it is capable of being transferred provided that a special property right is initially registered in the name of the client and/or the construction developer. Therefore, in this study, the future real estate object is classified as a property with limited marketability subject to a permissive type of restriction. The author’s concept is substantiated, namely that a future real estate object, as an object of civil rights, is a legal fiction that takes the form of an object of civil rights through the state’s recognition of its existence by means of state registration of a special property right. It is demonstrated that the law’s granting of the right to dispose of a future property should be viewed as a legal-technical device used to regulate social relations associated with the introduction into civil circulation of a property to be constructed in the future. The specificity of the obligation arising from the sale and purchase of future real estate is argued, which lies in the interdependence of the parties’ obligations: the performance of an obligation by one party is a prerequisite for the performance of the corresponding obligation by the other party. It is substantiated that the seller cannot dispose of a specific real estate object unless they have registered a special property right to all future real estate objects. The study concludes that the subject matter of such a purchase and sale agreement has its own specific characteristics, which consist of a special procedure for the transfer and acceptance of the future real estate property (through state registration of a special property right in the buyer’s name) and the possibility of transforming the future real estate property into a completed construction project, the ownership of which is automatically acquired immediately by the buyer, not the seller.
